EVENTSBOWL Terms of Service Agreement
Welcome to EVENTSBOWL. EVENTSBOWL enables people all over the world to plan, promote, and sell tickets to any event as well as allow Service Providers and venue owner around the world to promote their services. At EVENTSBOWL, we make it easy for everyone to discover great events, venues, and Service Providers, as well as share the events they are attending with the people they know. The following pages contain our Terms of Service, which govern all use of our Services.
The following terms and conditions or terms of service (this "TOS") govern all use by you as a User or Visitor of (a) the EVENTSBOWL, Inc. ("EVENTSBOWL") websites and domains (including all webpages, subdomains and subparts therein contained, the "Site"), (b) any and all services available on or through the Site or otherwise provided by EVENTSBOWL in connection with events and sales listed on the Site, and (c) all Software (as defined below) (collectively, the "Services"). The Services are owned and operated by EVENTSBOWL. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by EVENTSBOWL.
EVENTSBOWL, may, at its sole discretion, modify these TOS, at any time and without prior notice. If we do so we will let you know either by posting the modified customer terms on the Site or through other communications. It’s important that You review the new Terms whenever we revise them because if You continue to use the Services after we post modified Terms, Your continued use of the Services shall constitute Your agreement to be bound by the revised Terms. Because our Services are evolving, if the revised Terms are not acceptable to You, You must stop using the Services. We may change or discontinue all or part of the Services, at any time, without notice to You, at our sole discretion. We may also create limits related to use of the Service or parts of the Service, without notice or liability to You.1.3 Language
EVENTSBOWL provides a simple and quick means for registered Users. User include the following:
- User (“You” or “Your”): A person or company who uses this Site to browse or intends to complete and transactions with other Users. Users include but is not limited to Buyers, Organizers, and Venue Owners.
- Visitors: At minimum, intends to browse the Eventsbowl website. User, Buyers, Organizers, and Venue Owners are all considered Visitors if they do not operate as the aforementioned titles in the paragraph.
- Buyers: Those who use this site to make purchases to events or to purchase from other Users of this Site.
- Organizers: Users who post events on Site for the purposes of advertising and soliciting events to Buyers whether for sale, donation, or without charge.
- EVENTSBOWL provides a simple and quick means for registered users who are event organizers and planners ("Organizers" or "you") to collect payments with respect to the sale of tickets/registrations, merchandise and services for, and the solicitation of donations with respect to, events registered on the Site, including Service Fees ("Event Registration Fees"), from users who want to attend such events ("Buyers"). Organizers may visit the Site, fill out a questionnaire about their event, including pricing, location, inventory, etc., and collect Event Registration Fees online directly from Buyers. Payments are all transacted through, either (a) PayPal, (collectively, "Facilitated Payment Modes" or "FPM") This TOS applies to you and your use of the Services as an Organizer. For the Terms of Service Agreement that applies to you and your use of the Services as a Buyer and/or other non-Organizer user or visitor, please see for organizers.
- Venue Owners: A User who completes the venue account registration process for the purpose of offering Venues to other Users to lease or reserve for business or personal use, or that offers through EVENTSBOWL any other products or services to other Users, as described under “Eligibility and Account Registration” below.
- Listing: A Venue or Event which you list via the Services.
2.1 The Services
EVENTSBOWL hereby grants you as the User(s) a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of browsing the Site, and searching for, viewing, registering for, and interacting with, an event that is registered on the Site or other User(s), in each case (i) in compliance with this TOS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below in Section 6); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes; (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; (v) engage in any activity that interferes with or disrupts the Services; or (vi) engage in any fraudulent activity or activity that facilitates fraud.2.2 Software
If you are allowed to download or use any Software in connection with the Services, EVENTSBOWL hereby grants you a personal, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with this TOS and the written instructions/directions (if any) provided by EVENTSBOWL in conjunction with the Software. For purposes of this TOS, "Software" shall mean any and all software that is available on or through the Site or otherwise provided by EVENTSBOWL, including without limitation EVENTSBOWL’s mobile applications (such as At The Door™, Entry Manager and the EVENTSBOWL app). For clarity, the Software will be deemed a part of the "Services" hereunder.
The Software and the transmission of applicable data is subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. You shall also be responsible for using the Software in a manner that complies with all federal, state and local laws and the rules and regulations of all credit card companies.
The Software and related documentation are "commercial computer software" and "commercial computer software documentation," respectively, as such terms are used in United States Federal Acquisition Regulations Section 12.212. Any use, duplication or disclosure of the Software or such documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in this TOS.
3.1 Independent Relationship of FPMs
It is the responsibility of the Organizer or Venue Owner to communicate its refund policy to Buyers and to issue refunds to Buyers via the Site or otherwise. If a Buyer desires to request a refund, Buyer must request the refund from the Organizer or Venue Owner. All communications or disputes regarding refunds are between the Organizer/Venue Owner and Buyer. EVENTSBOWL will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the Services. All communications and disputes regarding chargebacks and refunds are between the Organizer/Venue Owner and Buyer. EVENTSBOWL will not be responsible or liable in any way for chargebacks in connection with a Buyer's use of the Services. If you are a Buyer and you wish to request a refund in connection with an event listed on the Services, you should contact the applicable Organizer or Venue Owner directly.4 YOUR REGISTRATION OBLIGATIONS
Eligibility and Account Registration. If You would like to use our Services to create a Listing You must first register to create an account with EVENTSBOWL (“Account”) as a Buyer, Organizer, or Venue Owner. The Services are intended solely for businesses or persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services You represent and warrant that You are 18 or older. When creating an Account, You will be required to provide certain information and You will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You can register directly through the Site or a social networking service we support (Your “SNS”). By using your SNS account, You are allowing EVENTSBOWL to access Your SNS account information and You are agreeing to abide by the applicable terms and conditions of Your SNS in Your use of the Services via such SNS. We reserve the right to suspend or terminate Your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that You create through the Services that violates these Terms. You are responsible for maintaining the confidentiality of Your password and Account and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under Your Account.
As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify EVENTSBOWL of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. EVENTSBOWL cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that EVENTSBOWL shall be the sole arbiter of such dispute in its sole discretion and that EVENTSBOWL'S decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.6 CONTENT
6.1 Site Content
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by EVENTSBOWL in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and applicable laws. EVENTSBOWL may own the Site Content or portions of the Site Content may be made available to EVENTSBOWL through arrangements with third parties. Except as expressly authorized by EVENTSBOWL in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of EVENTSBOWL. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.6.2 Your Content
You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), you hereby grant to EVENTSBOWL a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful. EVENTSBOWL reserves the right to remove any of Your Content from the Site at any time. In addition, you agree that EVENTSBOWL may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of EVENTSBOWL both on the Site and in marketing and promotional materials.6.3 DCMA
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Services infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Services should be sent to: 401 Park Ave. South, New York, NY 100166.4 Ownership.
6.4.1 Intellectual property laws protect the Services and EVENTSBOWL Content. Except as expressly provided in these Terms, EVENTSBOWL and its licensors own all rights in the Services and EVENTSBOWL Content. EVENTSBOWL has no ownership rights in End User Content. You must not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Site Content. You agree that you have no right to, or title in or to, any Site Content (except for the End User Content that you provide) or any other attributes associated with your Account. What Not To Do Our Services may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Services:
a) Post, upload, publish, submit or transmit any Content that: (I) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (II) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (III) is fraudulent, false, misleading or deceptive; (IV) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
b) Use, display, mirror or frame the Site, or any individual element within the Services, EVENTSBOWL’s name, any EVENTSBOWL trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without EVENTSBOWL’s express written consent;
c) Access, tamper with, or use non-public areas of the Services, EVENTSBOWL’s computer systems, or the technical delivery systems of EVENTSBOWL’s providers;
d) Attempt to probe, scan, or test the vulnerability of any EVENTSBOWL system or network or breach any security or authentication measures;
e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by EVENTSBOWL or any of EVENTSBOWL’s providers or any other third party (including another Venue Owner or End User) to protect the Services or Site Content;
f) Attempt to access or search the Site or Site Content or download Site Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by EVENTSBOWL or other generally available third-party web browsers;
g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
h) Use any meta tags or other hidden text or metadata utilizing an EVENTSBOWL trademark, logo URL or product name without EVENTSBOWL’s express written consent;
i) Use the Services or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Venue Owner Terms;
j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Site Content to send altered, deceptive or false source-identifying information;
k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Site Content;
l) Interfere with, or attempt to interfere with, the access of any Venue Owner, End User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
m) Collect or store any personally identifiable information from the Services from other Venue Owners or End Users of the Services without their express permission;
n) Impersonate or misrepresent your affiliation with any person or entity;
o) Violate any applicable law or regulation; or
p) Encourage or enable any other individual to do any of the foregoing.
6.5 EVENTSBOWL has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. EVENTSBOWL may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms. You acknowledge that EVENTSBOWL has no obligation to monitor Your access to or use of the Services or Site Content or to review or edit any Site Content, but has the right to do so for the purpose of operating the Services, to ensure Your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. EVENTSBOWL reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Site Content for any reason that EVENTSBOWL, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Services.7 CONDUCT
7.1 Certain Restrictions
Whether you are using the Services as a Buyer, other non-Organizer, Organizer, or Venue Owner, you understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, to other Users. You agree not to use the Services to: · upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; · harm minors in any way; · facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles, contests or sweepstakes conducted in a manner that complies in all respects with EVENTSBOWL's Raffles, Contests and Sweepstakes Guidelines; impersonate any person or entity, including, but not limited to, an EVENTSBOWL representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity; upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to events listed on the Site and other goods and services being sold or provided in conjunction with such events; upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this TOS or expressly authorized by EVENTSBOWL; interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; · intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation (i) regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange (e.g., the New York Stock Exchange, the American Stock Exchange or the NASDAQ) and (ii) laws and regulations (foreign or domestic) regarding the sale or resale of tickets (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.); or · stalk or otherwise harass any person or entity.7.2 Certain Remedial Rights
User acknowledges that EVENTSBOWL does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that EVENTSBOWL and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that EVENTSBOWL may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of Your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of EVENTSBOWL, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.8 SPECIAL ADMONITIONS FOR INTERNATIONAL USE.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. By way of illustration and not limitation, you agree to comply with all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from the United States or the country in which you reside. In addition, the Services are subject to United States export controls. No part of the Services may be exported or re-exported into, or to a national or resident of, any country to which the U.S. has embargoed goods and/or services of the same type as the Services. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not located in, and you are not a national or resident of, any such country. Further, no part of the Services (including any Software) may be exported or re-exported to any person or entity appearing on the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List or the Bureau of Industry and Security's Denied Persons List. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not a person or entity or under the control of or affiliated with a person or entity that appears on any such list.9 INDEMNITY
You agree to defend, indemnify and hold EVENTSBOWL, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a "Claim") due to or arising out of: your Content; the events listed on the Service; your use of, contribution to or connection with the Service; your violation of this TOS; and/or your violation of any rights of another. EVENTSBOWL shall provide notice to you of any such Claim, provided that the failure or delay by EVENTSBOWL in providing such notice shall not limit your obligations hereunder. EVENTSBOWL reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting EVENTSBOWL's defense of such matter.10 SERVICE MODIFICATIONS/SUSPENSIONS
EVENTSBOWL reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. You agree that EVENTSBOWL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.11 TERMINATION
EVENTSBOWL, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due EVENTSBOWL, or if EVENTSBOWL believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that EVENTSBOWL may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that EVENTSBOWL shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).12 USER COMMUNICATIONS
USERS ARE SOLELY RESPONSIBLE FOR ALL OF COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT EVENTSBOWL DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DOES MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. EVENTSBOWL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.13 LINKS
The Services may provide, or third parties may provide, links to other Internet websites or resources. Because EVENTSBOWL has no control over such websites and resources, you acknowledge and agree that EVENTSBOWL is not responsible for the availability of such websites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that EVENTSBOWL shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.14 DISCLAIMER OF WARRANTIES
The services on this Site are provided on an "as is" and "as available" basis. EVENTSBOWL hereby expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. EVENTSBOWL makes no warranty that: (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, (iv) the quality, safety or legality of any content, products, services, information or other material purchased or obtained by you, or events attended, through the services, or the services themselves (or any part thereof), will meet your expectations, or (v) any errors in the services will be corrected. EVENTSBOWL is not responsible and shall have no liability for the content, products, services, actions or inactions of any User or third party before, during and/or after an event; and EVENTSBOWL will have no liability with respect to any warranty disclaimed in (i) through (v) above. you acknowledge that EVENTSBOWL has no control over and does not guarantee the quality, safety or legality of events advertised, the truth or accuracy of any Users’ content or listings, or the ability of any User to perform, or actually complete a transaction. the foregoing disclaimers shall not apply to the extent prohibited by applicable law. Notwithstanding the foregoing, you may report the misconduct of Users, buyers, other non-organizers, organizers and/or third parties in connection with the site or any services to EVENTSBOWL. EVENTSBOWL, in its sole discretion, may investigate the claim and take necessary action.15 LIMITATION OF LIABILITY
EVENTSBOWL shall not be liable under any circumstances or under any legal theory, whether in tort, contract, or otherwise, with respect to the Services, or any other subject matter of this TOS, for: (i) any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if EVENTSBOWL has been advised of the possibility of such damages), (ii) the cost of procurement of substitute services, (iii) amounts in excess of US $100.00 in the aggregate for all claims with respect to the services, or (iv) any matters beyond EVENTSBOWL's reasonable control. EVENTSBOWL shall have no liability with respect to any of your content or any content of any other user of the services. In addition, EVENTSBOWL is not affiliated with, and has no agency or employment relationship with, any third-party service provider used in conjunction with the services (including, without limitation, any FPM service), and EVENTSBOWL has no responsibility for, and hereby disclaims all liability arising from, the acts or omissions of any such third party service provider. The foregoing limitations shall not apply to the extent prohibited by applicable law.16 NO ENDORSEMENT
EVENTSBOWL does not endorse any End Users or any Venue Owners of the Services or Listings or Venues featured on the Services. In addition, we do not attempt to confirm, and do not confirm, any End User’s or Venue Owner’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Services. Except as provided in the EVENTSBOWL Venue Owner Guarantee, accessible at https://www.eventsbowl.com/guarantee/ which is an agreement between Venue Owners and EVENTSBOWL , we will not be responsible for any damage or harm resulting from your interactions with other End Users of the Services. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other End Users or other third parties will be limited to a claim against the particular End Users or other third parties who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from EVENTSBOWL.17 RELEASE
In consideration of being permitted to access and use the Services, you hereby agree to release EVENTSBOWL, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other organizers, Buyers, other non-Organizers, and Venue Owner) in connection with the services, your access and use of the services, or any events listed thereon. in connection with the foregoing release, you hereby any applicable law or statute, which may state that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.18 PRIVACY
Notices to you may be made via either email or regular mail to the address in EVENTSBOWL's records. The Services may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Services. Any notice from you to us shall be sent in writing to our mailing address at EVENTSBOWL, Inc., 401 Park Ave. South, New York, NY 10016.20 GENERAL
20.1 Entire Agreement
This TOS constitutes the entire agreement between you and EVENTSBOWL and governs your use of the Services as a User, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and EVENTSBOWL on the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content, third party software or the Services in a manner other than as governed by this TOS.20.2 Choice of Law
This TOS and the provision of the Services to you are governed by the laws of the state of New York, U.S.A.20.3 Arbitration
Any controversy or claim arising out of or relating to this TOS or the provision of the Services shall be exclusively settled by binding arbitration in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Service, Inc. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, NY, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Subject to the foregoing arbitration provision, you and EVENTSBOWL agree to submit to the personal jurisdiction of the courts located within the city and county of New York, NY. Either you or EVENTSBOWL may seek any interim or preliminary relief from a court of competent jurisdiction in New York, NY, necessary to protect the rights or property of you or EVENTSBOWL (or its agents, suppliers, and subcontractors) pending the completion of arbitration.20.4 Waiver, Invalid Provisions
The failure or delay of EVENTSBOWL to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TOS shall remain in full force and effect.20.5 Time to File Claim
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.20.6 Titles
The section titles in this TOS are for convenience only and have no legal or contractual effect.20.7 Violations.
Please report any violations of this TOS by email to: firstname.lastname@example.org Feedback
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”) and You can submit Feedback by emailing us at email@example.com You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that You own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.20.9 No Waiver
The failure of EVENTSBOWL to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of EVENTSBOWL. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Except as otherwise expressly provided herein, if for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.20.10 Contacting Eventsbowl
If you have any questions about these Terms, please contact us at firstname.lastname@example.org
- a. Overview.
- a.i. EVENTSBOWL offer a "Facilitated Payment Processing" or "FPP", which consists of collecting Event Registration Fees using FPMs; which requires the use of the Gateway for the collection of Event Registration Fees. When using this Service, monetary payments will be made to the Organizer directly by Buyers (via FPP) service.
- b. Facilitated Payment Processing.
- c. Services Fees.
- c.i. Organizers will collect all monies directly from Buyers under the FPP option. By registering for and using the FPP option, you agree to (i) pay EVENTSBOWL all then-applicable EVENTSBOWL Service Fees which are based on the number of tickets sold by you and/or the value of such tickets, and which charges are described in greater detail at https://www.eventsbowl.com/pricing, payable by you to EVENTSBOWL in connection with the provision of the Services (collectively, "Service Fees` own discretion. EVENTSBOWL will not be responsible or liable for, and Organizer hereby agrees to fully indemnify EVENTSBOWL and its affiliates for, refunds, errors in issuing refunds, or lack of refunds in connection with the use of the FPP option. Invoices are sent monthly for Service Fees incurred in the previous month.
- d. Refunds.
- d.i. Under the FPM , it is the responsibility of the Organizer to communicate its refund policy to Buyers and to issue refunds to Buyers. An Organizer shall ensure that its refund policy is consistent with the terms of this TOS and the payment and refund mechanics of the Site. All communications or disputes regarding refunds are between the Organizer and Buyer, and EVENTSBOWL will not be responsible or liable for, and Organizer hereby agrees to fully indemnify EVENTSBOWL and its affiliates for, refunds, errors in issuing refunds, or lack of refunds in connection with the use of the FPM option. (ii) Notwithstanding the foregoing, you acknowledge and agree that EVENTSBOWL shall have the right to force a refund of any or all tickets at any time for any reason or no reason, including without limitation if EVENTSBOWL receives complaints from a substantial number (as determined by EVENTSBOWL in its sole discretion) of Buyers with respect to the applicable event or another event held by Organizer, or EVENTSBOWL determines in its sole discretion that Organizer has engaged in any fraudulent activity or made any misrepresentations.
- e. Credit Card Chargebacks.
- e.i. Under the FPM option, any credit card chargebacks initiated by a Buyer for any reason with respect to an event shall be charged back to the Organizer of such event. All communications and disputes regarding chargebacks are between the Organizer and Buyer, and EVENTSBOWL will not be responsible or liable in any way for, and Organizer hereby agrees to fully indemnify EVENTSBOWL and its affiliates for, chargebacks issued.
- f. No Third Party Beneficiary Rights.
- f.i. Organizer is not a direct party to any agreement with any Payment Processing Partner or Card Scheme used to process payments in CCP nor is Organizer a third party beneficiary of any such agreement.
- g. Non-Exclusive Remedies.
- g.i. Payment.
- g.i.1. In the event that Organizer fails to pay to EVENTSBOWL any amount owed pursuant to this TOS when due, such amount shall bear interest calculated from the date due until paid in full at a rate equal to the lesser of (a) ten percent (10%) per annum, and (b) the maximum amount permitted by applicable law. In the event any amounts are owed by Organizer to EVENTSBOWL under this TOS or otherwise, EVENTSBOWL may, without limiting its other rights and remedies, (i) deduct such amounts from Organizer's outstanding balance, whether for that particular event or for any other event that Organizer lists through the Services; and/or (ii) send an invoice to Organizer for such amounts to the extent Organizer's outstanding balance is insufficient to cover these costs, in which case Organizer shall pay EVENTSBOWL such invoiced amounts within thirty (30) days after the date of the invoice. If payment for any amounts due to EVENTSBOWL hereunder are not made by Organizer when due, EVENTSBOWL reserves the right, in its sole discretion and without limiting its other rights and remedies, to terminate Organizer's registration for the Services (including any and all accounts that Organizer may have) and to cancel all other events listed by Organizer.
- g.ii. Confirmation.
- g.ii.1. Upon receipt of a credit card authorization from each individual ticket purchase, EVENTSBOWL generates a confirmation message. You agree to unconditionally accept, honor, and fulfill all ticketing commitments that have been confirmed by EVENTSBOWL through the Services, and it is your responsibility to verify the Buyer's membership status, confirmation number and/or any event restrictions prior to the subject event.
- g.iii. Taxes; Withholding.
- g.iii.1. You are solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and other taxes, duties, levies and charges (collectively, "Taxes") apply to your use of the Services and you agree that it is your sole responsibility to, and that you will, collect, remit and report the correct amounts of all such Taxes to the applicable governmental authorities, even if EVENTSBOWL provides you with tax tools or tax calculators that assist you in doing so. EVENTSBOWL does not represent, warrant or guarantee that any tax tools or tax calculators provided to you will meet all tax requirements that may be applicable to you or that such tax tools or tax calculators will result in your collection or remittance of all applicable Taxes, which Taxes may vary based on the nature of your event, the nature of your tax status (individual, entity, business, consumer, etc.), your location, the location of your Attendees, credits and deductions for which you may qualify and other factors, and you hereby release EVENTSBOWL of any and all liability with respect to your use of the tax tools and/or tax calculators. None of such tax tools or tax calculators should be considered legal or tax advice. If you do collect Taxes on the Services, those Taxes will be treated like Event Registration Fees and EVENTSBOWL will pay such amounts to you at the same time as the underlying Event Registration Fees. If you use any tax tools or tax calculators that require you to input a tax registration number, you represent and warrant that such tax registration number is true and correct. EVENTSBOWL cannot give you legal or tax advice, so please be sure to check with your own tax advisor about any applicable Taxes. In the event that a governmental authority requires EVENTSBOWL to pay any Taxes attributable to your use of the Services, you agree to promptly and fully reimburse EVENTSBOWL for such Taxes upon demand and all costs, penalties, interest and expenses related thereto.
- g.iii.2. All Fees charged by EVENTSBOWL do not include any Taxes except to the extent that a Tax is expressly set forth in the applicable invoice or billing statement, and you agree to pay any Taxes that are imposed and payable on such Fees (other than those calculated based on EVENTSBOWL's net income) to EVENTSBOWL. If you are outside of the United States, you may be required to self-assess certain indirect Taxes on our Fees (or certain portions of our Fees) under the applicable reverse charge procedure on your indirect tax returns. To the extent you are required to self-assess, EVENTSBOWL will use reasonable efforts to note that on your invoices.
- g.iii.3. In addition, due to IRS regulations, if EVENTSBOWL processes transactions and issues you payouts (A) for more than twenty thousand dollars ($20,000) in gross sales; and (B) for more than two hundred (200) transaction orders, in each case during a given calendar year and in the aggregate across all of your accounts, EVENTSBOWL is required to report to the IRS (i) the gross amount of transactions for which you have been paid in that calendar year and in each month of that calendar year; (ii) your name; (iii) your address; and (iv) your Tax Identification Number ("Your Tax Information"). As part of these IRS regulations, EVENTSBOWL is required to either (A) collect Your Tax Information; or (B) establish that you are a foreign person not subject to US taxes, before your accounts pass the two hundred (200) order transaction threshold in the aggregate. Once your accounts cross the two hundred (200) order transaction threshold, you agree that you will not receive any further payments from EVENTSBOWL until either (A) or (B) above are satisfied.
- g.iii.4. EVENTSBOWL reserves the right to withhold the payment of any amounts owed to you hereunder if EVENTSBOWL believes in its discretion that it is required to do so by applicable local, state, provincial, national or other law, rule, regulation, judgment or order.
- g.i. Payment.
Venue Owner fees will be billed to the Venue Owner on a monthly basis. Fees will be based upon monthly, quarterly, bi-yearly or yearly subscription term. Subscription terms shall automatically renew unless cancelled with at least fourteen (14) days prior written notice to the other party. A Subscription may be terminated without cause by either EVENTSBOWL or Venue Owner provided fourteen (14) days advance written notice is given to the other party. EVENTSBOWL may terminate a Subscription without notice if the Venue Owner violates the Terms. Cancellation of a Subscription does not operate to terminate these Terms.Cancellations of Bookings
All cancellations of bookings shall be communicated directly between Venue Owner and persons or entity seeking to use venue (“End User”). EVENTSBOWL has no role or involvement in the cancellation of bookings. Venue Owners shall publish their cancellation policies on their Venue Listing. Venue Owners agree and warrant to End Users that only the cancellation policies published on its listing will be enforced. End Users are encouraged to inquire about cancellation polices of Venue Owners prior to booking with a Venue Owner. EVENTSBOWL has no liability to either the Event Owner or End User for any cancelled booking. VENUE OWNER AND END USER EXPRESSLY RELEASE EVENTSBOWL FROM ANY AND ALL LIABILITY RELATED TO ALL VENUE OFFERINGS. VENUE OWNER AND END USER AGREE AND ACKNOWLEDGE THAT EVENTSBOWL is not responsible for resolving any disputes between Venue Owners and End Users, whether related to a booking cancellation, or otherwise, or processing any changes to or cancellations of bookings, and disclaims any and all liability in this regard.Insurance.
Venue Owner and End User understand and agree that it is Venue Owner’s sole responsibility to obtain any insurance as required by law or otherwise related to any Listings or bookings made via the Services. EVENTSBOWL recommends that Venue Owners obtain appropriate insurance for their Venues and that each Venue Owner reviews his/her/its policy carefully to confirm that he/she/it understand its terms (e.g., what exclusions and deductibles apply).